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LAWS 



RELATINi 



SHELL FISHERIES 




FRMMAN COMPANY, 1'HlNTERS. 

X917. 






LAWS 



RELATING TO 



SHELL FISHERIES 
1917 




PROVIDENCE: 

E. L. FREEMAN COMPANY, PRINTERS. 
1917. 



COMMISSIONERS OF SHELL FISHERIES. 



Edward Atchison Slatersville, R. I. 

William T. Lewis West Barrington, R. I. 

Randall A. Harrington. . .Warwick, R. I. 

Milton Duckworth Carolina, R. I. 

Henry K. Littlefield New Shoreham, R. I. 

Clerk. 

Brayton A. Round Providence, R. I. 

Engineer. 

Walter W. Massie Providence, R. I. 

Deputy Commissioners of Shell Fisheries. 

William B. Welden Providence, R. I. 

Oliver G. Hicks Bristol Ferry, R. I. 

Leman Wardsworth Wickford, R. I. 

John T. Smith Warren, R. I. 

Israel A. Smith Pawtuxet, R. I. 

Harry Harrington Warwick, R. I. 



Inspector of Oyster Houses. 



Seth Walton. 



Providence, R. I. 



P. Of D. 

9lPR 6 13iS 






4q 






LAWS RELATING TO SHELL 
FISHERIES. 



CHAPTER 203. 

Of Private and Several Oyster Fisheries. 

Section 1. There shall be elected by the 
general assembly, in grand committee, five com- 
missioners of shell fisheries, one from each county, 
who shall hold office for the term of five years. 
The general assembly, in grand committee, at the 
January session in the year nineteen hundred ten, 
and in each fifth year thereafter, shall elect five 
members of said board, and the members so elected 
shall hold their offices until the first day of February 
in the fifth year after their appointment. Any 
vacancy that may occur in said offices while the 
general assembly is not in session may be filled by 
the governor until such time as some person elected 
by the general assembly, in grand committee, to 
fill such vacancy, shall be qualified to act. Any 
person elected by the general assembly to fill such 
vacancy shall hold office for the unexpired term of 
the person whose place he is elected to fill. They 
shall have power and authority to elect a clerk and 
prescribe his duties. 

Sec. 2. The said commissioners, previous to 
entering upon the duties of their office, shall severally 
give a bond, with sureties satisfactory to the general 
treasurer, in the sum of one thousand dollars, with 



4 LAWS RELATING TO SHELL FISHERIES. 

condition to faithfully perform the duties of the 
office according to law. 

Sec. 3. The clerk of the commissioners of 
shell fisheries is hereby required to give a bond in 
such sum and with such surety or sureties as will 
be satisfactory to the general treasurer, with condi- 
tion faithfully to perform the duties of the office 
according to law; the expense of procuring said 
bond shall be defrayed by the state. 

Sec. 4. The said commissioners shall make 
annual report to the general assembly at its January 
session of their doings and the condition of this 
department of the public service, including a detailed 
statement of all moneys received and expended 
on account thereof; and also including the names 
of all of the lessees of said land, the number of acres 
leased each person, and the value thereof. 

Sec. 5. The said commissioners shall have an 
office in the state house, in the city of Providence, 
where the maps, charts, books, leases, and other 
property connected with said commission shall be 
kept. 

Sec. 6. Each of said commissioners shall, by 
virtue of his office, make complaints for any viola- 
tion of the laws of this state relating to shell fisheries, 
and of any subsequent amendments thereof, with- 
out giving recognizance or surety for costs. 

Sec. 7. The said commissioners may appoint 
such deputies as they shall deem necessary for the 
detection and prosecution of any violation of the 
laws of this state relating to shell fisheries. Each 
of said deputies so appointed shall be by virtue 
of his office, a special constable, and as such deputy 
may without warrant arrest any person found 



LAWS RELATING TO SHELL FISHERIES. 5 

violating any of said laws and detain him for 
prosecution not exceeding forty-eight hours, and 
may seize any boat or vessel used in such violation, 
together with her tackle, apparel and furniture, 
and all implements belonging thereto. 

The said commissioners may also appoint such 
oyster guards as they may deem advisable for the 
detection and prosecution of any person committing 
depredations upon leased oyster ground. Each of 
said oyster guards shall be, by virtue of his office, a 
special constable, and as such oyster guard may 
without warrant arrest any person whom he may 
find taking oysters wrongfully from leased oyster 
ground and detain him for prosecution not exceeding 
forty-eight hours, and may seize any boat or vessel 
used in such wrongful taking of oysters, together 
with her tackle, apparel and furniture and all 
implements belonging thereto. 

Said commissioners shall make all necessary 
regulations for enforcing the laws of the state 
relating to shell fisheries, and for executing the 
duties imposed upon them by law. The annual 
expense of enforcing said laws shall be paid b}*- the 
general treasurer out of the moneys received for 
rentals of oyster grounds, on orders of the state 
auditor, who shall draw his orders on the general 
treasurer on properly presented vouchers approved 
by said commissioners. The said commissioners 
may expend in any one year a sum not to exceed 
twelve thousand dollars in executing all the duties 
imposed upon them by law. The sum of twelve 
thousand dollars shall include all appropriations 
made for the use of the said commissioners under 
whatever provision of law, with the exception of 



6 LAWS RELATING TO SHELL FISHERIES. 

such acts and resolutions as provide for the salaries 
of the commissioners of shell fisheries and their 
clerk and for such other clerical assistance as may be 
necessary: Provided, however, that the said com- 
missioners shall not receive any compensation for 
any service rendered in executing said duties, in 
addition to the salary provided by law. 

For the purpose of carrying into effect the pro- 
visions of this act the sum of ten thousand five 
hundred dollars, be and the same is hereby appro- 
priated, out of any money in the treasury not other- 
wise appropriated; and the state auditor is hereby 
directed to draw his orders upon the general treas- 
urer for the payment of said sum, or such portion 
thereof as may from time to time be required, upon 
receipt by him of proper vouchers approved by said 
commissioners. 

Sec. 8. Said commissioners may, unless other- 
wise by statute prohibited, agree to lease in the 
name of the state, by public auction or otherwise, 
to any suitable person, being an inhabitant of this 
state, or any corporation chartered under the laws 
of this state, for the purpose of oyster culture and 
the oyster business: Provided, that said corporation 
shall have its principal place of business within this 
state for the opening, shipping, and selling of all 
oysters grown on ground leased to it within this 
state; and -provided, further, that said corporation 
shall not ship out of this state any oysters in cargo 
lots direct from any of the oyster grounds leased to 
it; and -provided, further, that, if at any time here- 
after said corporation shall practically cease to carry 
on actively the business aforesaid, then and there- 
upon, said commissioners may cancel said lease or 



LAWS RELATING TO SHELL FISHERIES. 7 

leases to said corporation — any piece of land within 
the state, covered by four feet of tide water at mean 
low tide, as delineated upon the plats in the office 
of the commissioners of shell fisheries, and not 
within any harbor fine: Provided, that in Bright- 
man's pond or Babcoek's pond, so-called, in the town 
of Westerly, said commissioners may agree to lease 
any piece of land therein, below mean low water 
mark, whether the same is covered by four feet of 
tide water or not, to be used at a private and several 
fishery for the planting and cultivation of oysters 
thereon, upon such terms and Conditions as they 
may deem proper, but not for a longer term than 
ten years or for a shorter term than five years, nor 
for a rent of less than ten dollars per annum for 
every acre to be leased where the water is of a 
depth of less than twelve feet at mean low water, as 
shown on the plats in the office of the commissioners 
of shell fisheries, and not agreeing to lease more than 
one acre at a time in one lot or parcel to one person, 
firm or corporation; but in drawing such leases 
said commissioners may include in the instrument 
of lease one or more acres of land so leased by them, 
and all such leases shall be made and executed free 
of expense to the lessee: Provided, however, that 
any lessee or holder of oyster ground, on the expira- 
tion of any lease thereof which is now or which may 
hereafter be granted, shall upon application to the 
commissioners of shell fisheries have the preference 
in the re-letting of said ground for a like term to 
that granted in the original lease, unless said appli- 
cant at the time for granting said application shall 
be in arre&r for rent on said original lease of said 
ground; and said application for such renewal or 



8 LAWS RELATING TO SHELL FISHERIES. 

further lease shall be granted without notice or 
advertisement of the pendency thereof: Provided, 
however, that no renewal or further lease of said 
ground shall be granted when the commissioners of 
shell fisheries shall for cause cease to lease said 
ground for oyster culture. And such letting shall 
not be subject to the provision for letting by public 
auction; and neither of such commissioners shall 
at any time be interested in any lease of ground for 
planting oysters, or in the cultivation or product 
thereof : Provided, however, that in Little Narragan- 
sett bay, and in Pawcatuck river, so-called, the said 
commissioners may let such land on terms as to 
time and rentals as may seem to them best. 

Sec. 9. The said commissioners may let and 
lease any lands within the state covered by tide- 
water where the said water is of the depth of at 
least twelve feet according to the plats in the office 
of the commissioners of shell fisheries at the average 
low water, for the purpose of having the said land 
used in planting and cultivating oysters in the 
deep waters of Narragansett bay and tributaries, 
at an annual rental of not less than five dollars 
per acre, for a term not exceeding ten years from 
such letting. 

Sec. 10. Any person who shall wrongfully make 
claim to any public oyster ground, of which he has 
no lease or title from the state, by erecting bounds 
or monuments thereon of any description, or other- 
wise claiming title to such land, shall for the first 
offence pay a fine of twenty dollars and costs, and 
for every subsequent offence pay a fine of fifty 
dollars and costs, one-half thereof to the use of the 
state and the other half to the complainant. 



LAWS RELATING TO SHELL FISHERIES. 9 

Sec. 11. The said commissioners shall cause the 
original surveying and platting of all lands for the 
planting and cultivation of oysters under provisions 
of this chapter or any amendments or additions 
thereto, to be done at the expense of the state and 
without charge to the lessee. 

They shall have power and authority to go upon 
the shores adjoining Narragansett bay and its 
tributaries. and to establish stations or points known 
as triangulation stations or reference points. Such 
stations or points shall be established in such way or 
manner as the commissioners may direct, and they 
shall have full control and charge of the same with 
authority to elect an engineer, prescribe his duties 
and to fix the amount of his salary. Such stations 
shall be the property of the State of Rhode Island 
and any person who shall injure, deface, destroy or 
remove or cause to be removed, injured, defaced, or 
destroyed any mark or marks thereon, shall be 
fined twenty dollars and costs for each offence; 
one-half thereof to the use of the complainant 
and one-half thereof to the use of the state. 

For the carrying out of the provisions of this 
act the sum of three thousand ($3,000) dollars, or 
so much thereof as may be necessary, is hereby 
appropriated, out of any fund in the hands of the 
general treasurer not otherwise appropriated ; and the 
state auditor shall draw his order upon the general 
treasurer for the payment of such sum or sums upon 
properly presented vouchers approved by the said 
commissioners of shell fisheries. 

Sec. 12. The said commissioners may at the 
request of the lessee, for cause shown, cancel or 
modify any lease, or they may remit or abate the 



10 LAWS RELATING TO SHELL FISHERIES. 






rent received therein, if it shall appear to the satis- 
faction of the commissioners, that it would be 
equitable so to do: Provided, that in all cases where 
leases are cancelled, the commissioners shall give 
notice of such action within five days by publica- 
tion, twice a week for two successive weeks, in some 
daily newspaper published in the city of Providence. 
Sec. 13. The said commissioners shall not let 
any land north of a line extended across Providence 
river bearing 8 40° 30' W, true meridian, from the 
copper bolt set in the rock near the end of Kettle 
Point, to Field's Point, or let any lands west of a 
line drawn from Warwick Neck Light bearing 
S 55° 16' 02" W, true meridian, to Pojack Point 
at Potowomut Neck; or let any lands in Sakonnet 
river south of the railroad bridge, or let any lands 
in shore of the four-foot line, as delineated on the 
plats in said commissioners office, or any land lying 
between a line running due east and west through 
the middle point of the Rhode Island Yacht Club 
building, northerly of Pawtuxet Neck, and a line 
running due east and west through the center of 
Pomham beacon, and west of the channel; or let 
the channel between Long Neck and Marsh Island 
flats from the channel in the Providence river to the 
bridge in Pawtuxet; or let any of the ponds in 
Little Compton, South Kingstown, New Shoreham, 
Tiverton, Portsmouth or Westerly, or the cove, 
so-called, in the town of Portsmouth, except Bright- 
man's pond or Babcock's pond, so-called, in said 
Westerly: Provided, however, that said commis- 
sioners shall not let more than three acres in said 
Brightman's or Babcock's pond to any one person; 
and provided, further, that every person to whom any 



LAWS RELATING TO SHELL FISHERIES. 11 

of the lands in said Brightman's or Babcock's 
pond shall be let under the provisions of this chapter 
shall have had his home and residence in this state 
for a period of three years next preceding the letting 
thereof; and provided, further, that nothing in this 
section shall be so construed as to affect any of the 
lands which have been leased or the re-leasing 
thereof. 

Sec. 14. The said commissioners shall give 
notice of every application for a lease of land for 
the planting of oysters by publication twice a week 
for two successive weeks in some daily newspaper 
published in the city of Providence, and also once 
a week for two successive weeks in some newspaper 
published in the county nearest to which the ground 
is located, describing the land therein applied for 
and giving the name and residence of the applicant 
and the day, hour, and place where the land will 
be let; which day shall in all cases where the first 
hearing upon such an application is to be had be upon 
the first or third Friday of the month, and the com- 
missioners may give such further notice of such 
application as they may deem to be necessary to 
inform persons interested of the pendency of such 
application, and the actual costs of publishing said 
notices shall be paid by the applicants. 

Sec. 15. Said commissioners may adjourn such 
hearing from time to time, and may issue process 
to compel the attendance of witnesses for either 
party, and shall give notice to all parties who have 
appeared before them upon any application of the 
time and place when their decision will be given; 
and such decision shall be final, unless appellate 



12 LAWS RELATING TO SHELL FISHERIES. 






proceedings are taken and prosecuted as hereinafter 
provided. 

Sec. 16. Any person aggrieved by the decision 
of the commissioners upon any application for a 
private or several oyster ground or oyster fishery 
may petition the supreme court for a reversal or 
modification of such decision. 

Sec. 17. Application for citation in such case 
shall be made to the clerk of said court within five 
days from the day such decision shall have been 
made, and the petitioner shall, at or before the time 
for filing his petition, file with said clerk a copy of 
the proceedings before the commissioners, and a 
bond, signed by him or by some one in his behalf, 
with sufficient surety, in the sum of fifty dollars, 
payable to said clerk for the use of the state, with 
condition to prosecute such petition to final judg- 
ment and to pay such witness fees and costs of 
summons incurred by any party opposing such 
petition as the court shall award, in case the decision 
of the commissioners shall not be reversed. 

Sec. 18. Such case shall be heard and tried in 
the same manner as other cases entered upon the 
docket of said court, and the judgment of the court 
(which shall be entered immediately upon the 
rendition of decision) shall be conclusive upon the 
question whether said land shall or shall not be 
leased, and the commissioners shall grant or refuse 
a lease accordingly. 

Sec. 19. Such leases shall be executed by such 
lessee, as well as by said commissioners in two parts, 
one part thereof to be delivered to such lessee and 
the other part thereof to be retained by said com- 
missioners and recorded in a book kept for that 



LAWS RELATING TO SHELL FISHERIES. 13 

purpose, and shall contain proper covenants for the 
payment of rent and the performance of the condi- 
tions and observance of the restrictions therein set 
forth, with proper clauses reserving to said commis- 
sioners a right to re-enter on behalf of the state and 
to terminate said lease for breach of any such 
covenants. 

Sec. 20. Said commissioners shall, before grant- 
ing any such lease, cause the land to be leased as 
aforesaid, to be surveyed and platted, and shall in 
all cases cause such land to be marked with proper 
bounds, stakes or buoys to define the limits thereof, 
with such marks thereon as they may direct. Such 
bounds, stakes or buoys, with the marks thereon, 
shall be renewed or removed whenever the commis- 
sioners shall direct. 

All buoys used in connection with bounding or 
subdividing shell-fish grounds or for any purpose 
whatsoever in connection with the enjoyment of the 
rights and privileges granted by the leasing of 
shell-fish grounds, shall be under the supervision 
and care of the said commissioners. 

Said commissioners may designate the kind and 
style of stake or buoy which shall be used for the 
purpose of marking shell-fish grounds and make any 
suitable regulations in reference to the same: 
Provided, however, that driven stakes shall not be 
used as bounds or other marks on such shell-fish 
grounds, except on the inside or shoreward bounda- 
ries of said grounds, and in no case in more than six 
feet of water at mean low tide. 

Said commissioners are hereby empowered to 
investigate all complaints brought to their notice and 
in their discretion to remove or cause to be removed 



14 LAWS RELATING TO SHELL FISHERIES. 

any stake or buoy located on any leased shell-fish 
ground and used for the purpose of bounding, sub- 
dividing or otherwise marking said ground, which 
in their judgment, is in an improper position or 
condition or does not conform to any regulation 
which they may make. 

Also, said commissioners may in their discretion, 
remove or cause to be removed all such stakes or 
buoys which may be on shell-fish ground where the 
lease of the same has terminated. 

Also, said commissioners may remove or cause 
to be removed, any stake or buoy used for the purpose 
of marking or bounding shell-fish beds which may 
be improperly located on land not leased. 

In case the commissioners remove or cause to 
be removed any stake or buoy from leased ground, 
the cost of removal shall be collected from the lessee. 
Such cost shall become a charge against said lessee 
and subject to collection in the same manner as is 
the yearly rent under the lease for said ground. 

Any person willfully violating the requirements, 
orders or regulations respecting bounds, stakes or 
buoys as determined by said commissioners shall 
for the first offence be fined not more than twenty 
dollars and for each subsequent offence shall be 
fined not more than one hundred dollars. 

Sec. 21. The drawing and executing of such 
leases, the original surveying and platting, shall be 
done by said commissioners without expense to the 
lessees. The setting up of the bounds, stakes, or 
buoys shall in all cases be done by the lessee under 
the direction of the commissioners. 

Sec. 22. Every person who shall willfully 
injure, deface, destroy, or remove such marks or 



LAWS RELATING TO SHELL FISHERIES. 15 

bounds, or deface any mark thereon, or shall tie 
or fasten any boat or vessel to any such stake or 
buoy, shall be fined twenty dollars for each offence, 
one-half thereof to the use of the state and one-half 
thereof to the use of the complainant. Every such 
person shall, in addition thereto, be liable in an 
action of the case to pay double damages and costs 
to the person who shall be injured by having the 
marks and bounds, stakes, or buoys of their said 
lots injured, defaced, removed, or destroyed as 
aforesaid. 

8 ec. 23. The oysters planted or growing in any 
private oyster ground leased as aforesaid shall, 
during the continuance of the lease, be the personal 
property of the lessee of such oyster ground. 

Sec. 24. Every person who shall work a dredge, 
pair of oyster tongs or rakes, or any other implement 
for the taking of shell-fish of any description, upon 
any private and several oyster ground or bed 
without the consent of the lessee or owner thereof, 
or who shall, while upon or sailing over any such 
ground or bed, cast, haul, or have overboard any 
such dredge, tongs, rake, or other implement for the 
taking of shell-fish of any description, under any 
pretence or for any purpose whatever, without the 
consent of such lessee or owner, shall for the first 
offence be fined not exceeding twenty dollars, or 
be imprisoned not exceeding thirty days, and for 
every subsequent offence shall be fined not exceeding 
one hundred dollars, or be imprisoned not exceeding 
six months. 

Sec. 25. Said commissioners shall from time to 
time diligently inspect and ascertain whether or 
not the terms and restrictions of the leases are kept 



16 LAWS RELATING TO SHELL FISHERIES. 

and performed in a just and proper manner, and 
whether or not the rents are punctually paid; and 
in case said terms and restrictions are not kept and 
performed, or said rents are not punctually paid, 
the commissioners shall forthwith enter upon the 
land so leased and terminate the lease. 

Sec. 26. The commissioners may, in the name of 
the state, institute any legal proceedings that may 
be necessary for the collection of such rent. The 
commissioners may take possession of any lot 
leased, upon which the rent shall not have been paid, 
and may dispose of said lot with all the oysters 
thereon at public auction to the highest bidder, 
first giving notice of the time and place of sale by 
publishing the same at least once each week for 
two successive weeks in some newspaper published 
in the city of Providence, with power to adjourn 
such sale from time to time, giving like notice of 
such adjournment; to make and execute to the 
purchaser at such sale a good and sufficient con- 
veyance of all the right, title, and interest of said 
lessee in and to the lot leased, together with the 
oysters thereon; and to receive the proceeds of 
such sale, and from said proceeds to retain all sums 
due and owing the state for rent as aforesaid, 
together with all expenses incident to such sale, 
rendering and paying the surplus of said proceeds 
of sale, if any there be over and above the amounts 
so to be retained as aforesaid, to said lessee, his 
heirs, executors, administrators, or assigns. 

Sec. 27. Every person who shall take oysters 
from any private and several oyster bed, except 
between the hours of sunrise and sunset, shall be 
fined twenty dollars for each offence, one-half 



LAWS RELATING TO SHELL FISHERIES. 17 

thereof to the use of the state and one-half thereof 
to the use of the complainant; and every boat or 
vessel used or in any way employed in so doing shall, 
together with its tackle, apparel, furniture, and 
implements on board, be forfeited. 

Sec. 28. Every person who shall wrongfully 
take and carry away oysters from a private oyster 
bed shall for the first offence be fined fifty dollars 
and be imprisoned for thirty days, and for every 
subsequent offence, shall be fined one hundred 
dollars and be imprisoned for six months. 

Sec. 29. Any police constable may in view of 
the commission of any offence against the provisions 
of this chapter upon any of the public waters of the 
state arrest the offender without warrant and detain 
him for prosecution not exceeding twenty-four hours. 

Sec. 30. Every person who shall willfully break 
up, damage, or injure any bed of oysters, or any 
tract of land leased from the state for an oyster 
bed, by depositing thereon earth, stones, or dredg- 
ings or scoopings from the river or docks, or in any 
other manner, shall be fined not exceeding five 
hundred dollars, one-half thereof to the use of the 
state and one-half thereof to the use of the complain- 
ant; and shall forfeit his boat or vessel, with her 
tackle, apparel and furniture, and all the implements 
by him used in injuring such oyster bed. 

Sec. 31. Every person convicted a second time 
of a violation of any of the provisions of this chapter 
shall, in addition to the penalties hereinbefore 
mentioned, be deprived of the privilege of fishing 
for oysters in the waters of the state for the space 
of three years thereafter, under penalty of thirty 
days imprisonment for each offence. 



18 LAWS RELATING TO SHELL FISHERIES. 

Sec. 32. Every person who shall take more than 
two bushels of oysters during any one day from 
Trustan pond, in South Kingstown, shall be fined 
not less than five dollars nor more than twenty 
dollars for every bushel so taken above two bushels. 

Sec. 33. Each of said commissioners shall be 
by virtue of his office a special constable, and, as 
such commissioner, may arrest any person found 
violating -any of the provisions of this chapter, and 
may seize any boat or vessel, with her tackle, 
apparel, and furniture, and all implements belonging 
thereto, when employed in taking oysters or in 
injuring any oyster bed in violation of the provisions 
of this chapter, and shall make complaint when 
nailed upon to do so for all such violations, and in 
any such complaint he shall not be required at the 
time of complaint or thereafter to enter into recog- 
nizance or in any way to become liable for the costs 
that may accrue thereon; and the attorney-general 
shall, when notified to do so by the complainant, 
prosecute all such complaints in the court where the 
same shall be made or be pending; and all cases of 
appeal thereof from the sentence of a district court, 
and all questions arising under the same, or under 
any complaint and warrant made under the provis- 
ions of this chapter, shall be conducted by said 
attorney-general. 

Sec. 34. A surveyor may be emploj^ed to fix the 
place or otherwise to designate the locality of any 
violation of the provisions of this chapter, and 
reasonable charges of such surveyor for such service 
shall be allowed by the court, if said employment 
shall be by said court deemed to have been necessary; 



LAWS RELATING TO SHELL FISHERIES. x 19 

and such charges when allowed as aforesaid shall 
be taxed in the bill of costs. 

Sec. 35. All leases of oyster grounds heretofore 
granted by the commissioners of shell fisheries to 
any party or parties residents of this state are herel >y 
validated and confirmed. 

Sec. 36. Said commissioners may agree to lease 
any land or lands within the state, not under lease 
at the time of the passage of this act, for the purpose 
of having the said lands prepared and made suitable 
for the planting and cultivating of oj^sters or other 
shell-fish, which is found, upon examination by said 
commissioners to be soft or " mud" bottom, so-called, 
upon such terms and for such length of time as they 
may deem best, but in no case shall the lease be for 
a period exceeding ten years from the date thereof. 
The rental per acre for such ground leased shall 
be one dollar per acre per annum during the term 
of the lease. 

Upon the termination of such lease the renewal 
thereof shall be made in accordance with the provis- 
ions of Chapter 203 of the General Laws, as amended 
by Chapter 396 of the Public Laws, passed at the 
January session, A. D. 1909, and the rental of the 
ground contained therein, shall be not less than ten 
dollars per acre per annum for every acre leased 
where the water is less than twelve and more than 
four feet in depth at mean low water, or less than 
five dollars per acre in water the depth of which is 
more than twelve feet at mean low water, according 
to the plats in the office of the said commissioners of 
shell fisheries. 

Sec. 37. Whenever the lessee of any lease 
granted under the provisions of Chapter 203 of the 



20 LAWS RELATING TO SHELL FISHERIES. 

General Laws or any addition to or amendments 
thereof, shall make application to said commissioners, 
setting forth that the land or some portion thereof 
leased by him consists of soft or "mud" bottom, and 
requesting therein that rental of said land shall be 
fixed at one dollar per acre per annum, for the 
unexpired term which said lease has to run, the said 
commissioners shall make an examination of said 
land and if said commissioners shall find the same 
to be soft or "mud" bottom, shall fix the rental of 
that portion of the land leased which is found to be 
soft or "mud" bottom, at one dollar per acre per 
annum for the unexpired term which said lease had 
to run. 

The lessee of each and every parcel of land leased 
as aforesaid shall during the month of November 
in each and every year during the term of such lease 
make a return, in writing, to the said commissioners 
of shell fisheries, of the condition of said land, and 
the amount of work performed thereon. The failure 
on the part of the lessee to make such return, shall 
be sufficient cause for the commissioners of shell 
fisheries to terminate said lease, without recourse 
upon the part of the lessee. 

Upon the termination of such lease, the renewal 
thereof shall be made in accordance with the pro- 
visions of Chapter 203 of the General Laws, as 
amended by Chapter 396 of the Public Laws, passed 
at the January session, A. D. 1909, and the rental 
of the ground contained therein, shall be not less 
than ten dollars per acre per annum for every acre 
leased where the water is less than twelve and more 
than four feet in depth at mean low water, or less 
than five dollars per acre in water, the depth of 



LAWS RELATING TO SHELL FISHERIES. 21 

which is more than twelve feet at mean low water, 
according to the plats in the office of said commis- 
sioners of shell fisheries. 



CHAPTER 209. 

Of the Scollop Fisheries. 

Section 1. Every person who shall take any 
scollops from any of the waters of this state between 
the hours of sunset and sunrise shall be fined 
twenty dollars and be imprisoned not more than 
thirty days for each such offence. 

Sec. 2. Every person who shall take, in any one 
day, from any of the waters of this state, more than 
twenty-five bushels of scollops, including the shells, 
for each boat actually employed by him in taking 
the same, shall be fined twenty dollars and be im- 
prisoned not more than thirty days for each such 
offence, but nothing herein contained shall apply 
to the taking of sea scollops. 

Sec. 3. Every person who shall take any scollops 
from any of the waters of this state, by dredging 
or b} r any other means, at any time between the 
first day of January and the first day of September, 
shall be fined twenty dollars and be imprisoned not 
more than thirty days for each such offence; but 
nothing in this section shall be so construed as to 
prevent any person from taking scollops, lawfully 
caught and bedded by him, from the grounds in 
which he has planted them, at any time between 
the first day of January and the fifteenth day of 
April; but it shall be lawful for any person, at any 
time, to take scollops from the shores -of this state 



22 LAWS RELATING TO SHELL FISHERIES. 

by hand, for food for his own personal or family use 
and not for sale, said scollops not being covered by 
water at the time of the taking. 

Sec. 4. Every person who shall take any seed 
scollops from any of the waters of this state, by 
dredging or by any other means, or shall have in 
his possession any seed scollops and shall fail 
immediately to restore them to their natural beds, 
shall be fined twenty dollars and be imprisoned not 
more than thirty days for each such offence. For 
the purpose of this act a seed scollop shall be a 
scollop with a bright thin, slightly curved shell, with 
no foreign adherent, the shell having no sharply 
defined growth line, and the scollop being less than 
one year old. 

Sec. 5. Every person, before engaging in the 
taking of scollops, shall obtain from the commis- 
sioners of shell fisheries a license for his boat or boats, 
the fee for which shall be five dollars for every boat 
thus engaged. And every person who shall take 
any scollops from any of the waters of this state 
without first obtaining such license from said com- 
missioners shall be fined twenty dollars and be 
imprisoned not more than thirty days for each such 
offence: Provided, however, that nothing in this 
section contained shall be so construed as to prevent 
any person from taking one bushel of scollops per 
day for his own use; and -provided, further, that no 
boat shall be allowed to have more than two men, 
each of whom shall be allowed one bushel for his 
own use. 

Sec. 6. All licenses shall expire on the thirty- 
first day of December of each year; and for every 
license issued by said commissioners there shall be 



LAWS RELATING TO SHELL FISHERIES. 23 

paid to the clerk thereof a fee of twenty-five cents 
for his own use: Provided, that every person to 
whom a license is granted under the provisions of 
this chapter shall have had his home and residence 
in this state for the period of one year next preceding 
the granting of such license or the renewal thereof. 

Sec. 7. The commissioners of shell fisheries shall 
provide a number for every boat licensed by them ; 
said number shall be black, eight inches in length, 
and shall be exposed in a conspicuous place upon 
each boat upon a white surface, and the deputies 
shall keep a record of all such licensed boats in a 
book kept for that purpose. 

Sec. 8. Every person who shall open any scollops 
while catching them or throw the shells onto the 
scollop beds, and every person who shall throw back 
into the water any starfish, shall be fined twenty 
dollars and be imprisoned not more than thirty 
days for each such offence. 

Sec. 9. Any person who shall offer for sale any 
scollops between the fifteenth day of April and the 
first day of September shall be fined twenty dollars 
and be imprisoned not more than thirty days for 
each such offence. 

Sec. 10. The commissioners of shell fisheries shall 
appoint at least four deputies, whose duties shall 
be the enforcing of the provisions of this chapter; 
they shall be selected one from Bristol county, one 
from Kent county, one from Newport county, and 
one from Washington county. Each of said 
deputies, appointed as aforesaid shall be by virtue 
of his office a special constable, and as such deputy 
may without warrant arrest any person found 
violating any of the provisions of this chapter and 



24 LAWS RELATING TO SHELL FISHERIES. 

detain him for prosecution not exceeding twenty-four 
hours. The commissioners and their duly appointed 
deputies may search in suspected places, or go upon 
any boat or vessel that they may believe is used in 
the illegal taking or transportation of scollops, and 
may seize and remove scollops taken, held, or offered 
for sale in violation of the provisions of this chapter. 

Said deputies shall not be required to enter into 
recognizance or become liable for costs. 

Sec. 11. Fines incurred under any of the pro- 
visions of this chapter shall inure one-half thereof to 
the use of the complainant and one-half thereof to 
the use of the state. 

Sec. 12. The several district courts shall have 
concurrent jurisdiction with the common pleas 
divisions of the superior court over all offences 
under this chapter and to the full extent of the 
penalties therein specified; parties defendant, how- 
ever, having the same right to appeal from the 
sentences of said district courts as is now provided 
by law in other criminal cases. 



CHAPTER 577. 



An Act in Amendment of Chapter 206 of the 
General Laws, Entitled "Of the Protection 
of the Shell Fisheries in the Public Waters 
of this State. " 

Section 1. Chapter 206 of the General Laws, 
entitled "Of the protection of the shell fisheries 
in the public waters of this state, " is hereby amended 
to read as follows : 



LAWS RELATING TO SHELL FISHERIES. 25 

"Section 1. No person shall deposit in, or 
allow to escape into, or shall cause or permit to be 
deposited in, or allowed to escape into any of the 
public waters of this state, any substance which 
shall in any manner injuriously affect the growth 
or sale of the shell-fish in or under said waters, 
or which shall in any manner affect the flavor or 
odor of such shell-fish so as to injuriously affect the 
sale thereof, or which shall cause any injury to the 
public and private fisheries of this state. 

Sec. 2. Any person violating any of the provis- 
ions of this chapter shall, upon conviction thereof, 
be fined not less than five hundred dollars or more 
than two thousand dollars, one-half thereof to the 
use of the complainant and one-half thereof to the 
use of the state: Provided, that in case of convic- 
tion upon prosecution by the commissioners of 
shell fisheries, the whole of any fine imposed shall 
go to the use of the state. 

"Sec. 3. Every person violating any of the 
provisions of this chapter shall be liable to pay, to 
the party injured by such violation, double the 
amount of damages caused thereby, to be recovered 
in an action of the case in any court of competent 
jurisdiction. It shall not be necessary, before 
bringing suit for the recovery of such damages, for a 
criminal prosecution to have been first instituted 
for the violation of the provisions of this chapter, 
nor shall the recovery of damages under this section 
be a bar to such criminal prosecution. 

"Sec. 4. It shall be the duty of the commis- 
sioners of shell fisheries to investigate all complaints 
made to them of the violation of any of the provis- 
ions of this chapter. For the purpose of such 



26 LAWS RELATING TO SHELL FISHERIES. 

investigation said commissioners may make ex- 
amination of the premises, hold public hearings, 
summon witnesses, and take testimony under oath, 
and they shall have power to punish, by fine or 
imprisonment, or both, all contempt of their author- 
ity in any hearing before them. They may employ 
professional or expert services, as they may deem 
desirable. 

"Sec. 5. It shall be the duty of the shell-fish 
commissioners to prosecute any person in their 
opinion guilty of the violation of any of the provis- 
ions of this chapter, and in all such prosecutions 
said commissioners shall not be required to enter 
into any recognizance or to give surety for costs. 
It shall be the duty of the attorney-general to 
conduct the prosecution of all cases brought by 
said commissioners under the provisions of this 
chapter. Complaints may also be brought and 
prosecuted by any citizen- for any violation of its 
provisions. 

"Sec. 6. The expenses incurred by the commis- 
sioners of shell fisheries in the performance of the 
duties imposed upon them by this chapter shall be 
paid by the general treasurer, out of any funds in 
the treasury not otherwise appropriated, upon the 
presentation of vouchers therefor duly certified by 
their chairman. 

"Sec. 7. The commissioners of shell fisheries 
shall inspect the premises designated in Section 8 
of this chapter, at such times as they may deem 
advisable, for the purpose of determining whether 
said premises are kept in a proper sanitary condition 
for opening, handling, or packing shell-fish for the 
trade. Also said commissioners shall inspect the 



LAWS RELATING TO SHELL FISHERIES. 27 

methods followed on the premises in opening, 
packing, or preparing shell-fish for the trade, to 
determine whether such methods are proper from a 
sanitary standpoint. 

"Sec. 8. The premises which come within the 
scope of this act are all establishments where oysters 
or other shell-fish are opened, packed, or prepared 
for the trade. Retail or wholesale markets where 
shell-fish are sold which purchased from the original 
opening or packing houses designated in this section 
shall not come within the scope of this chapter. 

"Sec. 9. Said commissioners shall inspect any or 
all the leased oyster grounds and other shell-fish 
grounds within the state, at such times as they may 
deem advisable, to determine whether said grounds 
are in a proper sanitary condition for the production 
of shell-fish for consumption as food. 

"Sec. 10. Said commissioners may make such 
regulations in regard to sanitation as they may deem 
advisable, from time to time, with reference to the 
sanitary handling of shell-fish and with reference 
to maintaining opening or packing houses in a 
proper sanitary condition. 

"Sec. 11. Said commissioners may issue certifi- 
cates from time to time to any person whose premises 
or grounds are found by them to be in a sanitary 
condition, setting forth that they have examined 
such opening or packing house or such shell-fish 
ground and that the methods followed in the prepara- 
tion of oyster or other shell-fish in such opening or 
packing house are sanitary and that the grounds 
inspected are in proper sanitary condition for the 
production of shell-fish for consumption as food. 



28 LAWS RELATING TO SHELL FISHERIES. 

"Sec. 12. No person shall take shell-fish from 
any grounds which are not certified by said com- 
missioners as being in a sanitary condition, except 
for the purpose of transplantation. No person 
shall prepare shell-fish for the trade except on prem- 
ises and by methods certified by said commis- 
sioners as being sanitary. 

"Sec. 13. Any person who shall violate any 
sanitary regulation made by said commissioners, 
as provided for in Section 10, shall be fined twenty 
dollars for the first offence, and for each subsequent 
offence one hundred dollars and be imprisoned not 
more than ninety days in jail. Any person violating 
the provisions of Section 12 of this chapter shall be 
fined twenty dollars for the first offence, and for each 
subsequent offence one hundred dollars and be 
imprisoned not more than ninety days in jail. 

"Sec. 14. It shall be the duty of the commis- 
sioners of shell fisheries to prosecute any person in 
their opinion guilty of the violation of any of the 
provisions of this chapter, and in all such prosecu- 
tions said commissioners shall not be required to 
enter into any recognizance or to give surety for 
costs. It shall be the duty of the attorney-general 
to conduct the prosecution of all cases brought by 
said commissioners under the provisions of this 
act." 

Sec. 2. This act shall take effect upon its 
passage, excepting the above Sections numbered 12, 
13, 14, which sections shall take effect July 1, 1910, 
and the act numbered "Senate 136, Substitute A," 
passed at the January session, A. D. 1910, and 
approved April 26, A. D. 1910, and all other acts and 
parts of acts inconsistent herewith are hereby 
repealed. 



LAWS RELATING TO SHELL FISHERIES. 29 

CHAPTER 852. 

An Act Regulating -Fishing for Shell-Fish 
Upon the Free and Common Fisheries. 

Section 1. No person shall take any oysters 
from the free and common oyster fisheries northerly 
of Field's Point and Kettle Point in this state 
between the first day of June in any year and the 
first day of April in the following year, or from the 
free and common oyster fisheries in any of the other 
waters of this state between the fifteenth day of 
May and the fifteenth day of September of any 
year. Any person who shall take any oysters or 
expose any oysters for sale taken from the free and 
common fisheries aforesaid in violation of the fore- 
going provisions shall be fined twenty dollars and 
costs for each offence. 

Sec. 2. The commissioners of shell fisheries may, 
from time to time, issue a license to any person, an 
inhabitant of this state, permitting him to take 
oysters, clams or quahaugs from the free and com- 
mon fisheries, subject to the provisions of this 
chapter, and may also issue a license to the owners 
of any boat used in taking oysters, clams or quahaugs 
from the free and common fisheries, and may, for 
cause which appears sufficient to a majority of 
said commissioners, revoke and terminate any 
license issued as aforesaid. Said commissioners may 
make such rules and regulations, from time to time, 
as they may deem expedient for the issuing of said 
licenses, but no license issued under this chapter 
shall be valid however, before the licensee shall 
endorse his name in his own hand writing thereon, 
and no license shall be transferable. 



30 LAWS RELATING TO SHELL FISHERIES. 

Sec. 3. No person shall take any oysters, clams 
or quahaugs, from the free and common fisheries of 
this state, unless he shall, at the time, have a license 
from the commissioners of shell fisheries permitting 
him so to do: Provided, however, any person, an 
inhabitant of this state, may take in any one day, 
without a license, not more than one bushel, each, 
of oysters, clams or quahaugs. 

No person shall use a boat in fishing for oysters, 
clams or quahaugs, from the free and common 
fisheries of this state, unless the owner of such boat, 
shall, at the time, have a license from said commis- 
sioners permitting said boat to be so used : Provided, 
however, any person an inhabitant of this state, may 
use a boat without a license for the purpose of 
taking in any one day, one bushel, each, of oysters, 
clams or quahaugs, for the use of each of the 
occupants thereof, and not to be sold or offered for 
sale: Provided, further, however, that each of said 
occupants is an inhabitant of this state at the time 
of such taking. 

Sec. 4. Each person shall pay the said commis- 
sioners the sum of one dollar for a license to fish 
from the free and common fisheries; and the owner 
of each boat used in fishing for oysters, clams or 
quahaugs from the free and common fisheries shall 
pay to the said commissioners the sum of one dollar 
for a license to so use said boat. 

Sec. 5. Every person holding a license as pro- 
vided by this act shall have the same in his possession 
at all times while fishing from the free and common 
fisheries, and he shall present the same for inspection 
on demand to any police or special officer; and any 
person refusing to so present said license for inspec- 



LAWS RELATING TO SHELL FISHERIES. 31 

tion upon demand shall be fined not less than five 
nor more than twenty dollars for each offence. 

Sec. 6. Every person who shall take, at any one 
time, more than one bushel, each, of oysters, clams 
or quahaugs, from the free and common fisheries 
of this state without a license as aforesaid, shall be 
fined twenty dollars and costs, or be imprisoned not 
more than thirty days, or both. 

Sec. 7. The commissioners of shell fisheries shall 
provide a number for each boat licensed by them and 
the same shall be displayed upon all boats licensed, 
in such manner as the commissioners may direct. 

Sec. 8. No licensed person shall cast, haul or 
have overboard any dredge, while fishing for oysters, 
clams or quahaugs, from the free and common 
fisheries, nor shall any licensed boat be used for 
fishing for oysters, clams or quahaugs with dredges, 
except as hereinafter provided. 

Any person having a license for the taking of 
scollops, as provided by Chapter 209, may use a 
dredge for such purpose, provided said person shall 
immediately return all oysters or quahaugs caught 
by him, to the waters from whence taken while so 
fishing. Any licensed boat may be used in dredging 
for muscles by the licensee of said boat, the said 
licensee first obtaining a permit from the commis- 
sioners of shell fisheries allowing him so to do. The 
said licensee, while dredging for muscles under the 
permit granted him by the said commissioners 
of shell fisheries, shall immediately return all oysters 
or quahaugs caught by him to the waters from 
whence taken. The fact of any licensed person 
being found with oysters or quahaugs in his posses- 
sion while dredging for muscles or scollops, shall 



32 LAWS RELATING TO SHELL FISHERIES. 

be prima facie evidence that such person is fishing 
in violation of the provisions of this chapter and 
shall be subject to the penalties and fines thereof. 

Sec. 9. No person shall use any boat for the 
purpose of taking or catching any oysters, quahaugs 
or scollops from any of the free and common 
fisheries of this state except between sunrise and 
sunset on each day. 

Sec. 10. No licensed person shall take more than 
twenty bushels of oysters, clams or quahaugs, in- 
cluding shells in either case, during any one day 
from the free and common fisheries, and any licensed 
person taking more than twenty bushels of oysters, 
clams or quahaugs, during any one day from the 
free and common fisheries, shall be fined twenty 
dollars for every bushel so taken over and above 
said twenty bushels, or be imprisoned not more than 
thirty days, or both. 

Sec. 11. Any person whose license has been 
revoked or cancelled, shall not receive another 
license to fish for oysters, clams or quahaugs upon 
the public fisheries of the state, or to use a boat 
therefor, for the period of one year from the date 
of such revocation or cancellation. 

Sec. 12. All monies received by the commis- 
sioners, under any of the provisions of this act, shall 
be paid over quarterly to the general treasurer and 
by him turned into the general fund of the state. 

Sec. 13. The deputies appointed under Section 7 
of Chapter 203 of the General Laws are hereby 
required to enforce the provisions of this chapter. 
Each of said deputies appointed as aforesaid shall 
be by virtue of his office a special constable and 
as such deputy may, without warrant, arrest any 



LAWS RELATING TO SHELL FISHERIES. 33 

person found violating any of the provisions of this 
act and detain him for prosecution not exceeding 
forty-eight hours. The commissioners of shell 
fisheries and their duly appointed deputies may 
without warrant go upon any boat or vessel that 
they believe is used in the illegal taking or transport- 
ing of oysters, clams or quahaugs and may seize 
and remove such oysters, clams or quahaugs held 
or offered for sale in violation of the provisions of this 
act. 

Sec. 14. No person shall be licensed to take any 
shell-fish from within the public fisheries of this 
state unless he and his employers are at the time, 
and have been for one year next preceding, inhabit- 
ants of this state. 

Sec. 15. Any person violating any of the pro- 
visions of this act shall be fined twenty dollars and 
costs for each offence unless a specific penalty is 
provided herein for such violation. 

Sec. 16. Any person convicted a second time of 
a violation of any of the provisions of this act shall, 
in addition to the penalties before mentioned, be 
deprived of the privilege of fishing, for shell-fish, 
within the state, for three years thereafter under a 
penalty of thirty days imprisonment for each offence. 

Sec. 17. It shall be the duty of the commis- 
sioners of shell fisheries to prosecute any person in 
their opinion guilty of the violation of any of the 
provisions of this act, and said commissioners and 
their deputies shall not be required to enter into 
recognizance or become liable for costs. It shall be 
the duty of the attorney-general to conduct the 
prosecution of all cases brought by said commis- 
sioners under the provisions of this act. 



34 LAWS RELATING TO SHELL FISHERIES. 

Sec. 18. Chapter 202 of the General Laws is 
hereby repealed. 

Sec. 19. This act shall take effect September 1st, 
A. D. 1912. 



CHAPTER 1243. 



An Act in Amendment of Chapter 205 of the 
General Laws, Entitled "Of the Protection 
of Quahaugs. " 

Section 1. Chapter 205 of the General Laws 
is hereby amended to read as follows : 

"Section 1. Every person who has in his or 
her possession any quahaugs less than one and one- 
half inches in diameter, taking the smallest diameter, 
shall be fined five dollars for each and ever3 r quart. 

"Sec. 2. Any person who takes any quahaugs 
less than one and one-half inches in diameter, from 
any of the shores or waters of this state, shall be 
fined five dollars for each and every quart : Provided, 
however, that such penalty shall not attach if said 
person immediately return the same unmutilated 
to the shores or waters of this state: Provided, 
further, however, nothing in this section shall be 
construed so as to prevent any person from taking 
quahaugs, lawfully obtained and stored by him, 
from the place of storage. 

"Sec. 3. Every person who shall take any 
quahaugs or clams from the waters of this state by 
dredges, rakes or other apparatus operated by 
mechanical power, or hauled by power boats, shall 
for the first offence be fined twenty dollars and costs, 
and for every subsequent offence shall be fined fifty 



LAWS RELATING TO SHELL FISHERIES. 35 

dollars and costs or be imprisoned for thirty days, 
or both fined and imprisoned, at the discretion of 
the court: Provided, however, that nothing in this 
act shall apply to any private or leased oyster or 
private or leased shell-fish ground. 

"Sec. 4. Fines incurred by violation of any of 
the foregoing provisions shall enure one-half thereof 
to the use of the state and one-half thereof to the 
use of the complainant. " 

Sec. 2. This act shall take effect immediately 
upon its passage, and all acts or parts of acts 
inconsistent herewith are hereby repealed. 



CHAPTER 1602. 

An Act for the Planting, Cultivating, Propa- 
gation and Developing of Any and All Kinds 
of Shell-Fish. 

Section 1. The commissioners of shell fisheries 
may in their discretion, from time to time, make any 
experiments in planting, cultivating, propagating, 
and developing, any and all kinds of shell-fish; 
and for the purpose of so doing, may from time to 
time, take, hold, and occupy as long as they shall 
deem necessary, to the exclusion of all persons, in 
one or more parcels, any portion of the shores of the 
public waters of the state, or land within the state 
covered by tide-water, at either high or low tide, 
not within any harbor line, and which is not at the 
time of such taking, under lease as a private and 
several oyster fishery. Said commissioners upon 
taking such land shall forthwith place or cause to be 
placed such stakes, bounds, or buoys, with the words 



36 LAWS RELATING TO SHELL FISHERIES. 

"Commissioners of Shell Fisheries, State of Rhode 
Island and Providence Plantations," marked or 
painted thereon, as will definitely locate or designate 
said land so taken upon taking such land they shall 
forthwith give public notice thereof by advertise- 
ment in some newspaper published in the county in 
which said land is situated, which advertisement 
shall describe and give approximate location of said 
land. Said commissioners may make any regula- 
tions necessary for the protection of the land so 
taken, together with all animal life, or any property 
situated within the lines thereof. 

Sec. 2. The commissioners of shell fisheries may 
in their discretion, from time to time, make any 
experiments in planting, cultivating, propagating, 
and developing any and all kinds of shell-fish, 
upon the public fisheries (free and common), where- 
eve'r they shall have planted any part, parcel or 
portion of any of the land upon the shores of the 
public water of the state or any land within the 
state covered by tide-water, with any shell-fish 
of any description, they may close, any land planted 
as aforesaid, to the use of the public, for such period 
of time as in their opinion may be necessary to com- 
plete the experiments undertaken. Said commis- 
sioners upon planting any land as aforesaid shall 
forthwith, stake, buoy, or otherwise mark the 
bounds thereof with stakes, bounds or buoys, 
marked with the words "Commissioners of Shell 
Fisheries, State of Rhode Island and Providence 
Plantations." 

Sec. 3. Any person violating any of the provis- 
ions of this chapter or any of the regulations made 
by the commissioners of shell fisheries under the 



LAWS RELATING TO SHELL FISHERIES. 37 

provisions of this chapter, shall upon conviction 
therefor, be subject to a fine of twenty dollars and 
costs. 

Sec. 4. It shall be the duty of the commissioners 
of shell fisheries to prosecute any and all persons who 
in their opinion are guilty of the violations of any of 
the provisions of this act, and the said commissioners 
and their duly appointed deputies shall not be 
required to enter into recognizance or become liable 
for costs. It shall be the duty of the attorne}^- 
general to conduct the prosecution of all cases 
brought by said commission or their duly appointed 
deputies under the provisions of this act. 

Sec. 5. This act shall take effect on and after its 
passage. 



